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8 Jul 2019, 7:30 am by Randy Barnett
Or perhaps, per Justice Thomas, a modern severability doctrine should be repudiated. [read post]
7 Jul 2019, 9:40 pm by Kristin E. Hickman
Justice Thomas concurred but expressed “willingness to consider whether delegation jurisprudence has strayed too far from our Founders’ understanding of separation of powers. [read post]
7 Jul 2019, 11:00 am by Bryan Hawkins
Justice Thomas’ Concurrence Justice Thomas joined the Plurality but wrote his own opinion concurring with Justice Alito’s holding. [read post]
3 Jul 2019, 10:34 am by Matthew Moriarty
The plaintiff in Kisor asked the Court to curb that power. [read post]
2 Jul 2019, 4:03 am by Edith Roberts
Supreme Court decision does nothing to stop state-based, citizen-led efforts to give map-drawing power to the people. [read post]
1 Jul 2019, 8:59 am by Kevin Goldberg
Justice Gorsuch wrote for a six-member majority of the Court (he was joined by Justices, Roberts, Thomas, Alito, Kavanaugh, and Kagan). [read post]
30 Jun 2019, 6:30 am by Sandy Levinson
  Justice Thomas only this past week, for example, indicated that the Court should not be hesitant to overrule its own precedents should they be manifestly unjust.I realize that I basically agree with the McCloskeyan approach and, therefore, am inclined to agree with much of Lessig’s argument insofar as it is similar. [read post]
28 Jun 2019, 1:35 pm by John Floyd
  Police Seize Property and Threaten Unsubstantiated Charges   In a March 2017 ruling in Leonard v. [read post]
28 Jun 2019, 8:51 am by Nicholas Bronni
That is, of course, partly a product of separation of powers principles. [read post]
28 Jun 2019, 7:54 am by Amy Howe
Wilkie, involving the standard of proof for federal employees suing under the Age Discrimination in Employment Act; GE Energy Power Conversion v. [read post]
28 Jun 2019, 6:13 am by Juan Cartagena
Indeed, the Supreme Court will not talk about the elephant in the room – the nefarious reasons behind the suppression of Latino political power unearthed in Thomas Hofeller’s hard drives that may see the light of day under the recent decision by the U.S. [read post]
27 Jun 2019, 3:53 pm by Mark Walsh
Thomas, which addressed another alcohol-related question. [read post]